Emily Sortor  |  December 13, 2019

Category: Auto News

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general motors GM gearshiftDrivers who claimed that they paid too much for Fiat Chrysler vehicles with defective gearshifts will receive partial Class certification in their gearshift multidistrict litigation. 

U.S. District Judge David M. Lawson did not certify a nationwide Class of drivers, as requested, but did conditionally certify an “issue based” Class of drivers from 21 states.

According to the judge, a nationwide Class of consumers should not be certified because a previous Supreme Court ruling determined that claims regarding consumers who overpaid should be determined on an individual basis, and not on a Class basis.

The judge also declined to certify 16 subclasses of drivers in various states and to certify alternate Classes for drivers in 23 states. The judge objected to this approach of Class certification, calling it “piecemeal.” He also said that this proposed method of dividing up Classes did not properly address claims affecting certain drivers.

The judge argued that the subdivision of the drivers into the proposed Classes would be unmanageable, and further criticized this proposal by returning to the issue of individual versus Class claims that he made in his rejection of the nationwide Class.

According to the judge, drivers “simply have not done the heavy lifting of analyzing state by state and claim by claim why the purported issues predominate over any individual question.”

According to the court ruling, the drivers had created many state Classes to avoid what he called “significant obstacles” to Class certification and to minimize Class certification. The judge determined that this was an improper approach to Class claims, and rejected the proposed Class certifications as a result. 

The judge also said that because the main argument that the drivers had made to assert economic loss was to seek damages, the Class could not be satisfied. Previously, Fiat Chrysler had attempted to have the claims trimmed in the gearshift multidistrict litigation.

Judge Lawson determined that the Class of drivers across 21 states was more appropriate, because all of the drivers in that Class had been injured in a different state. The issue-based Class is composed of consumers who say that they made their purchasing decisions at least in part on false representations about the vehicles.

According to the drivers, Fiat Chrysler of America knew that the gearshifts were defective, and knowingly concealed this information from consumers. Allegedly, had they had all of the information, the affected drivers might not have purchased the affected vehicles. 

The vehicles at issue in the gearshift multidistrict litigation are the 2012-2014 Dodge Charger, the 2012-2014 Chrysler 300, and the 2014-2015 Jeep Grand Cherokee, which are equipped with a monostable shifter. Around 800,000 vehicles possess the gear shifter at issue, notes the judge.

The drivers had claimed that the gear shifter is defective because it does not allow drivers to select gears reliably and does not allow drivers to comfortably shift gears.

Have you experienced the Fiat Chrysler gear shift problem? Share your experiences in the comment section below!

The plaintiffs and recently certified Class are represented by E. Powell Miller and Sharon S. Almonrode of The Miller Law Firm PC; Joseph H. Meltzer, Peter A. Muhic and Tyler S. Graden of Kessler Topaz Meltzer & Check LLP; Steve W. Berman, Sean R. Matt and Christopher R. Pitoun of Hagens Berman Sobol Shapiro LLP; Daniel E. Gustafson, Jason S. Kilene, David A. Goodwin and Raina C. Borrelli of Gustafson Gluek PLLC; Robert K. Shelquist and Rebecca A. Peterson of Lockridge Grindal Nauen PLLP; Gregory F. Coleman, Lisa A. White, Mark E. Silvey and Adam E. Edwards of Greg Coleman Law PC; and David Honigman, Douglas Toering and Gerard V. Mantese of Mantese Honigman PC.

The Fiat Chrysler Gearshift Class Action is In Re: FCA USA LLC Monostable Electronic Gearshift Litigation, Case No. 16-md-02744, in the U.S. District Court for the Eastern District of Michigan.

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11 thoughts onFiat Chrysler Gearshift Defect Class Action Gets Partial Cert.

  1. DeVan says:

    My 2015 Chrysler 300s has a very rough/hard/loud gear shift. The car jerks and shakes when changing from park to reverse, reverse to neutral and drive. It sounds like metal clanking together. Also the engine is making a constant ticking noise. I have done so many repairs on this car; the rear differential fell out while leaving my driveway and had to be pushed in neutral back home. I have wasted so much hard earned cash on this car that’s not even 10 years old. Chrysler needs to answer for selling overpriced, underperforming vehicles.

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